If my ex has explicit pictures of me and is threatening to send them to others, what are my rights?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my ex has explicit pictures of me and is threatening to send them to others, what are my rights?

I am a minor and he is threatening to distribute nude pictures and videos of me.

Asked on September 27, 2010 under Personal Injury, Oregon

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If the pictures and/or videos are distributed, your ex could be sued for invasion of privacy and intentional infliction of emotional distress.  There are different aspects of invasion of privacy.  The types of invasion of privacy that would be applicable here would be (1) a serious and unreasonable interference with your right to be left alone and (2) public disclosure of private facts.

Intentional infliction of emotional distress is an extreme and outrageous act intended to cause and which does cause you emotional distress.

Damages (the amount of compensation to seek in the lawsuit) would include compensatory damages and punitive damages. Compensatory damages are to compensate you in this case for invasion of privacy and intentional infliction of emotional distress. Punitive damages are an amount to punish the defendant (your ex) for intentional and malicious acts (distributing the pictures and/or videos).

The lawsuit against your ex would have two causes of action (claims); invasion of privacy and intentional infliction of emotional distress.  The problem however is that since you are a minor, you would not be able to file a lawsuit yourself.  You would need an adult ( such as a parent) to be named guardian ad litem to sue on your behalf.  If the pictures and/or videos are distributed and you are within a few months of age 18, you could wait until turning 18 and then could file the lawsuit yourself since you would no longer be a minor and would not need a parent as guardian ad litem.  If you are more than a few months away from age 18 when the pictures and/or videos are distributed, you should have the guardian ad litem file the lawsuit for you depending on the applicable statute of limitations in your state because if the statute of limitations expires, you will lose your rights forever in the matter.  You did not say whether or not your ex is 18.  If he is 18, he can be sued if he distributes the pictures and/or videos.  If he is under 18, your lawsuit should be filed against his parents. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption